Khazanah Hukum
Vol 5, No 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)

Comparative Analysis of Forced Defence (Noodweer) in Dealing with the Crime of Persecution: A Study of Indonesian Criminal Law and Islamic

Sitti Ma'rifah Nisrina (Department of Law, Hasanuddin University)
Haerana Haerana (Department of Law, Hasanuddin University)
Nur Azisa (Department of Law, Hasanuddin University)



Article Info

Publish Date
28 Aug 2023

Abstract

This research delves into the legal framework of forced Defence in addressing the crime of persecution, examining its application in Indonesian criminal law and its comparison with Islamic law. The study employs a normative legal approach, utilizing statutory analysis and case study methods to provide insights into the nuanced distinctions between the two legal systems. The investigation reveals that forced defence arrangements are rooted in juridical considerations, which evaluate the circumstances of victims and perpetrators according to the principles and conditions delineated in the Criminal Code. Intent, legal psychology, and human instincts for self-preservation are integral to the evaluation process. Positive and Islamic laws allow forced Defence when actions align with expert opinions and scholarly interpretations. However, Islamic criminal law limits Defence , prohibiting actions that lead to death or adultery. This study contributes to understanding the legal rationale underpinning forced Defence  in the context of persecution. It underscores the similarities and disparities between Indonesian criminal law and Islamic law.

Copyrights © 2023






Journal Info

Abbrev

kh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an ...